STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DELORES MORRIS,

Petitioner,

vs.

DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Respondent.

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) Case No. 02-1492

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RECOMMENDED ORDER

Upon due notice, William R. Cave, an Administrative Law Judge for the Division of Administrative Hearings, held a formal hearing in this matter on June 14, 2002, in Dade City, Florida.

APPEARANCES

For Petitioner: Delores Morris, Pro Se

Post Office Box 2373

Dade City, Florida 33525

For Respondent: Raymond R. Deckert, Esquire

Department of Children and Family Services

9393 North Florida Avenue, Room 902

Tampa, Florida 33612 STATEMENT OF THE ISSUE

Did the Department of Children and Family Services (Department) properly terminate Home-Delivered Meals to Petitioner under the Community Care for Disabled Adults Program?

PRELIMINARY STATEMENT

By a Notice of Ineligibility or Change in Service Status dated January 9, 2002, the Department advised Petitioner that her Home-Delivered Meals were being terminated on the basis that Petitioner was able to utilize other resources to aid Petitioner in preparing or accessing simple nutritious meals. By a Request for a Fair Hearing dated January 21, 2002, Petitioner requested a hearing on the termination of her Home-Delivered Meals. By a Notice dated April 11, 2002, the Department referred this matter to the Division of Administrative Hearings (Division) for the assignment of an Administrative Law Judge and for the conduct of a formal hearing.

At the hearing, Petitioner testified on her own behalf but presented no other witnesses or any documentary evidence. The Department presented the testimony of Judy Amison, Odette Powell, and Judy Rose. The Department's Exhibits 1-5 were admitted in evidence.

No transcript of this proceeding was filed with the Division. The Department timely filed its Proposed Recommended Order. Petitioner elected not to file a proposed recommended order.

FINDINGS OF FACT

Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant findings of fact are made:

1. The Department is the agency of the State of Florida charged with the responsibility of administering the Community Care for Disabled Adults Act (CCDA). See Sections 410.601- 410.606, Florida Statutes.

2. In accordance with Section 410.604(1), Florida Statutes, the Department contracted with Gulf Coast Jewish Family Services, Inc. d/b/a Gulf Coast Community Care (Gulf Coast Community Care) to administer the CCDA in the following Florida Counties: Pasco, Pinellas, and Hillsborough.

3. The services to be administered under the contract with Gulf Coast Community Care are Case Management, Personal Care, Homemaker, Emergency Alert Response, and Home-Delivered Meals.

4. In December 1998, the Department determined that Petitioner met the eligibility requirements for services under the CCDA Program as set out in Sections 410.603(2) and 410.604(2), Florida Statutes, and Chapter 2, Client Eligibility, HRS Manual 140-8, Aging and Adult Services, Community Care For Disabled Adults. At this time, Petitioner was eligible to receive Case Management and Homemaker services.

5. In September 1999, Petitioner became eligible for Home- Delivered Meals, which consisted of three frozen meals being delivered to Petitioner's home once a week.

6. On November 19, 2001, Petitioner's Caseworker, Odette Powell, visited Petitioner's home for the purpose of completing a Homemaker Service Plan (Plan). The Plan listed the different Homemaker services which Petitioner was to receive. Meal Planning/Preparation/Food Storage was not included in the services listed in the Plan because Petitioner advised her caseworker that she did not need that service.

7. On November 19, 2001, the Homemaker was spending two hours per week at Petitioner's home helping with the different Homemaker Services.

8. Petitioner's neighbor helps Petitioner prepare meals on Tuesdays and Thursdays. Additionally, Petitioner's children, a son and a daughter, come approximately twice a month to assist Petitioner with whatever needs to be done.

9. Petitioner also obtains food through charities and buys food with her social security income and the social security income of a second daughter who lives with Petitioner.

10. On May 20, 2002, the caseworker completed another Plan which added the services of meal planning/preparation/food storage as needed and another hour of homemaker services, which

    totaled three hours per week of Homemaker services for Petitioner.

11. Petitioner is capable of preparing her own food.

    
    

    Particularly with the help of her neighbor, relatives, and Homemaker services. Petitioner has sufficient income with which she could purchase Home-Delivered Meals if she so desired.

    Therefore, Petitioner is no longer in need of the Home-Delivered Meal service.

    CONCLUSIONS OF LAW

    
    

12. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding pursuant to Section 120.57(1), Florida Statutes.

13. The burden of proof is on the party asserting the affirmative of an issue before an administrative tribunal, Florida Department of Transportation v. J.W.C. Company, Inc.,

    396 So. 2d 778 (Fla. 1st DCA 1981). The Department has the burden of proof in this proceeding. To meet its burden, the Department must establish facts upon which its allegations are based by a preponderance of the evidence. Department of Banking and Finance, Division of Securities and Investor Protection v. Osborne Stern and Company, 670 So. 2d 932 and Section 120.57(1)(j), Florida Statutes (2001).

14. Chapter 4, Services Definitions and Standards, 4-8. c., (1), Minimum Standards, HRS Manual 140-8, Aging and Adult

Service, Community Care For Disabled Adults, provides as follows:

c Minimum Service Standards.

1. Eligibility to receive Home Delivered Meals.

   1. Client must be unable to prepare nutritionally sound meals and unable to access nutritionally sound meals by other means. If the client lives with others, he/she is eligible to receive home delivered meals only if there is no one in the living arrangement able to prepare nutritionally sound meals and the client is unable to access them by other means.

The Department has shown that Petitioner is able to prepare nutritionally sound meals or is able to access nutritionally sound meals by other means. Therefore, Department has met its burden to show that Petitioner is not eligible to receive Home- Delivered Meals even though she remains eligible to receive other services under the CCDA Program.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department enter a final order terminating Home-Delivered Meals to Petitioner under the CCDA Program.

DONE AND ENTERED this 12th day of July, 2002, in Tallahassee, Leon County, Florida.

WILLIAM R. CAVE

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 12th day of July, 2002.

COPIES FURNISHED:

Raymond R. Deckert, Esquire Department of Children and

Family Services

9393 North Florida Avenue, Room 902

Tampa, Florida 33612

Delores Morris

Post Office Box 2373 Dade City, Florida 33525

Paul F. Flounlacker, Jr., Agency Clerk Department of Children and

Family Services

1317 Winewood Boulevard Building 2, Room 204B Tallahassee, Florida 32399-0700

Josie Tomayo, General Counsel Department of Children and

Family Services

1317 Winewood Boulevard

Building 2, Room 204

Tallahassee, Florida 32399-0700

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order must be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 02-001492

Orders for Case No: 02-001492